PEOPLE OF THE PHILIPPINES vs.

ABE VALDEZ
GR No. 129296 September 25, 2000

FACTS:

Abe Valdez was arrested for violation of Section 9 of Dangerous Drugs Act (RA 6245) as

he was accused of planting and manufacturing marijuana. According to SPO3 Marcelo Tipay, he

received a tip, from an informer, of a marijuana plantation in Nueva Vizcaya that was allegedly

owned by Valdez since they were planted close to his hut. A reaction team was formed to verify

the said information and they went to the said location the following day. They searched the area

and found seven (7) marijuana plants grown just beside Valdez’s Caingin. There, they took

pictures of Valdez together with the said plants and uprooted them as per instruction of a Police

Inspector Alejandro R. Parungao. Valdez was found GUILTY beyond reasonable doubt of

cultivating marijuana plants punishable under section 9 of the Dangerous Drugs Act of 1972, as

amended and was sentenced to death by lethal injection.

ISSUES:

Was the search and seizure of the marijuana plants lawful?

RULING:

No. The search and seizure of the marijuana plants was not lawful as there was ample

time for the officers to obtain a search warrant. The testimonies of the officers indicate that there

was prior knowledge of the information. The officers had enough time to obtain a search warrant

as they were already informed beforehand of marijuana in the area. Further, the police team was

dispatched to search for and uproot the prohibited flora and that they had to look around the area

just to find the illegal plants. Thus the “plain view” doctrine cannot be applied as well. The

general rule as defined in the Constitution is that in order for a search and seizure to be lawful, a

search warrant must be procured first. Any evidence obtained from an unlawful search is deemed

“fruit of a poisonous tree” and is deemed inadmissible in court. Thus, they cannot be used as

evidence. Because of the inadmissibility of the evidence, the Court ruled, upon review, that there

is no sufficient evidence to convict the accused. Thus, the decision of the RTC which found the

accused guilty was reversed and Valdez was acquitted and ordered released.